Legal Attributes of Commercial Data and Approaches to Intellectual Property Protection
Year: 2025
Type: article
Abstract: As a core production factor in the digital economy, the legal attributes and protection pathways of commercial data have become a research hotspot in the field of legal studies. This paper begins by examining the legal nature of commercial data and its attributes under intellectual property rights, establishing the legitimacy foundation for intellectual property protection of commercial data through labor property theory, utilitarian theory, and transaction cost theory. Besides, it proposes a “limited rights + fair use” governance model to address current legal dilemmas in data rights allocation. The study further recommends approaches such as strengthening technical governance and collaborative regulation, promoting international rule harmonization, to balance innovation incentives with public interests. Ultimately, these measures aim to achieve efficient circulation and value realization of commercial data.
Source: AI and Data Science Journal
DOI: 10.61784/adsj3012
Author: Zhaoxia Deng
Institution: Guangdong University of Foreign Studies
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409707196